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Loretta Merritt, a Toronto lawyer who focuses on sexual and physical abuse law, said the requirement for victims to “opt out” of a class action lawsuit is problematic.

“If class members don’t opt out by a date specified by the court, they are deemed to be included, even if they don’t know about the lawsuit or don’t feel ready to come forward with their experiences,” said Merritt, who has filed dozens of individual lawsuits on behalf of former training school residents alleging sexual abuse. “Once a class action finishes, the law states that those who did not opt out and didn’t participate are now barred from pursuing an individual claim.”